Creditors in Bankruptcy

Rayman & Knight represents creditors in all areas of bankruptcy. We represent financial institutions which regularly find themselves in bankruptcy, as well as individuals and companies who feel that they have been forced into bankruptcy against their will. We understand how frustrating and complicated the bankruptcy system can be for creditors and our goal is to get them through the process as smoothly as possible.

In routine Chapter 7 and 13 matters, we represent several small financial institutions. We help our creditor clients through the bankruptcy process by filing Proof of Claims, attending the First Meeting of Creditors, obtaining relief from the automatic stay, objecting to proposed Chapter 13 Plans, and filing of Reaffirmation Agreements.

In more complex Chapter 11 matters, we often represent large creditors. In these matters we often provide strategy advice as to how to maximize the client’s recovery. In this role we are often called upon to support the client’s primary litigation counsel through the bankruptcy process.

We also represent creditors in seeking to have their debt exempted from the discharge. Some examples of these types of debts include: fraud on the part of the Debtor, an intentional injury caused by the Debtor, and debts owed as a result of a divorce judgment or separation agreement. In these matters, we bring complaints against the Debtor to ensure that the Debtor is unable to discharge the debt.

Finally, we often represent creditors who have been sued by the Bankruptcy Trustee on preference or fraudulent transfer matters. In these maters, we try to bring a quick resolution to these claims, which reduces our clients cost and expense. As with representing creditors in Chapter 11 proceedings, we also act as local counsel in support of the client’s litigation counsel.

Blog

In a recent case for the United States Bankruptcy Court, in the Eastern District of Michigan sitting in Detroit, Judge Mark Randon, addressed the issue of what happens when a Debtor is put into a Chapter 13 Plan that turned out to be longer than that…
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The Bankruptcy Court for the District of Vermont sanctioned PHH Mortgage Company $375,000.00 for overcharging three separate debtors (Gravel, Beaulieu and Kinsley) a total of $76.00. Pursuant to Bankruptcy Rule 3002.1, addition…
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